More Internet Legislation - Drafted by the Senate.
Update: An official Senate version of the draft PROTECT IP Act has been released and is available here. This version changes the “interactive computer services” language mentioned in our post below to “information location tools,” a term that points back to section 512(d) of the Digital Millennium Copyright Act. In that context it’s been generally understood to refer to search engines, though there’s no guarantee we wouldn’t see efforts to expand the definition in actions under this bill. But in any case, requiring search engines to remove links to an entire website raises serious First Amendment concerns considering the lawful expression that may be hosted on the same domain.
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Last year’s rogue website legislation is back on the table, with a new name: the "Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011"—or (wink, wink) "PROTECT IP". The draft language is available here.
The earlier bill, which failed to pass thanks largely to a hold on the legislation placed by Senator Ron Wyden of Oregon, would have given the government dramatic new copyright enforcement powers targeted at websites "dedicated to infringing activities," even where those websites were not based in the United States. Despite some salient differences (described below) in the new version, we are no less dismayed by this most recent incarnation than we were with last year’s draft. Read More
